Decree No. 11,577/2023 was published on June 28, 2023 aiming to allow the use of a unique license for multiple import and export operations, which is issued according to a specific term, quantity, or value. Introduced by the Ministry of Development, Industry, Trade and Services (MDIC), the so-called "flex license" is a measure that reduces bureaucracy, costs, and time-consuming international trade procedures.
However, there are exceptions for granting this resource. The license or authorization can only be limited to a single import or export declaration when the agency responsible for issuing it determines that the risk is high; in case of legal determination or determination based on an international agreement signed by Brazil, which requires a license or authorization for each operation; when the specific characteristics of the product or operation require that it be fully declared in only a single declaration; or when there is no availability for a solution regarding issuing a license or authorization that supports operations relating to more than a single export or import declaration in the Brazilian Integrated Foreign Trade System (SISCOMEX).
Additionally, the decree establishes that public agencies and entities must use only SISCOMEX to submit paper or electronic forms, documents, data, or information. The transfer of these types of requirements will be completed by September 2023, concerning export operations, and by March 2024, when it comes to imports. Thus, there is a concentration of bureaucratic requirements in a single site, speeding up foreign trade activities in Brazil.
Newsletter written by partner Vera Kanas and associate Isabelle Ruiz Guero from TozziniFreire Advogados' International Trade practice.
